On the 7th of November, the African Union High Level Implementation Panel on Sudan (AUHIP) convened a meeting of the Sudanese parties, the National Congress Party (NCP) and the Sudan People’s Liberation Movement (SPLM) in Khartoum. The Parties met to negotiate a Framework Document within which they would address and resolve various outstanding matters relating to the implementation of the CPA and conduct further detailed discussion of the Post Referendum Arrangements.

The outstanding CPA issues include the resolution of the Abyei question, the North-South border, Popular Consultations in the Blue Nile and South Kordofan States, and security arrangements between the North and the South. The Post Referendum issues include citizenship, oil, water resources, assets and liabilities, currency and economic cooperation. The negotiations concluded successfully on November 13 with an agreement on a “Framework for Resolving Outstanding Issues Relating to the Implementation of the Comprehensive Peace Agreement and the Future Relations of North and South Sudan”.

General Principles

The Parties recognised that the people of southern and northern Sudan have close ties of history, culture, geography and economy, as well as personal relations, which cannot be severed whatever the outcome of the South Sudan referendum. For this reason, they have committed themselves to find peaceful solutions to all outstanding matters, determined never to resort to war again. In the case of separation as a consequence of the South Sudan referendum, they undertook to construct two viable states which would cooperate for the mutual benefit and live in peace and harmony with each other.

CPA obligations

The Parties committed themselves to work for the successful conduct of the Southern Sudan referendum and pledged to respect its outcome. They agreed that negotiations on the future of Abyei will continue at the level of the political principals, President Omar Hassan al- Bashir, and First Vice President Salva Kiir Mayardit, with the participation of the AUHIP. The principals are determined to conclude their negotiations expeditiously. The Parties will help to ensure that the Popular Consultations in the Blue Nile and South Kordofan states enable the views and aspirations of the people of the two states to be expressed and taken into account, and pledge to respect the outcome of the consultation.

The Parties committed themselves to the immediate demarcation of the North-South border. In the event of secession, this will be the longest inter-state border in Africa, hosting in its immediate vicinity on both sides a significant proportion of Sudan’s population. This border also sees the movement of trans-boundary peoples each year in both directions. The Parties have committed themselves to maintaining a ‘softborder’, which will permit unhindered economic and social activity and interaction, which will be essential for economic prosperity and harmony between the north and the south.

They will cooperate to facilitate mutually beneficial cross-border activities. Peoples’ Linkages and Citizenship Issues The Parties agreed that decisions taken on nationality and citizenship will not adversely affect the wellbeing and rights of ordinary people.

In conformity with the provisions of the CPA, the Parties reaffirmed that no person’s Sudanese nationality or citizenship will change during the CPA Interim Period, and that during this period all Sudanese nationals or citizens shall continue to have a right to live anywhere in the country and that no obstacles shall be placed in the way of their freedom of movement, employment or their access to public services in any part of Sudan. In the event of any change in nationality and citizenship laws, the Parties agreed that the two states would ensure that the rights of the people are not adversely affected and that they can continue to reside in either country, in accordance with the law, should they wish to continue to do so and that sufficient time would be given to enable individuals to adjust their status.

Economic and Other Linkages and Arrangements for Cooperation

Guided by the understanding of the facts on the ground, the Parties adopted several principles which would inform the process of mutually beneficial economic cooperation in the event of the separation of South Sudan. In this context they agreed on the approach they would adopt to address such matters as the free movement of people, goods and services, monetary and fiscal policy, the management of oil and water resources, and the handling of assets and liabilities. The Parties recognise that each post-secession state would conduct its foreign policy mindful of the need to achieve the objective of the building of two viable states which would cooperate for mutual benefit.

Ensuring Mutual Security

Regardless of the outcome of the referendum, the Parties undertook that neither would take any action, or support any group, that would undermine the security of the other. Instead, the North and the South would continue to cooperate and share information that would enhance their capacity to deal with internal and external threats as well as trans-border crime.

Conclusion

The Panel is greatly encouraged by the determination of the Sudanese Parties to apply themselves diligently to address all the challenges ahead, at all times working to resolve all outstanding matters through peaceful negotiations.

The Panel is confident that the Parties will sustain the spirit of cooperation demonstrated during the negotiation of the Framework Agreement. Navigating the path ahead will require the dedicated leadership which Sudan’s leaders are more than capable of exercising in the best interest of the people of Sudan.

The Panel calls on Sudan’s neighbours, the rest of our Continent and the world as a whole to extend the necessary encouragement and support to the people and leadership of Sudan as they continue their efforts to find a lasting solution to the challenges they face.

“Violence will bring no victory. For the sake of the Darfur civilians, all parties to the conflict have to stop resorting to violence. This is the absolute priority.” - Luis Moreno-Ocampo, Prosecutor of the International Criminal Court, 05 June 2009

"APPREHENSION" by Rob Rooker. Painted on a wall in Maridi, Sudan. The image is of a young Nuer boy looking up among a crowd of people. Click on image for more details. Cards & prints of Rob's paintings can be purchased online at Imagekind.com